California Now Has A Law That Defines Consensual Sex

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The California Senate has just passed a bill that would define, in the context of college campuses, precisely what “consensual sex” means. It’s meant to provide a way for colleges to effectively and accurately handle cases of sexual assault.

The bill would require colleges to adopt a standard student conduct policy that would define consensual sex as an “affirmative, conscious, and voluntary agreement.” In other words, consenting to sexual intercourse would require the participants to explicitly indicate their intentions – a “yes” rather than the absence of a “no.”

If voted into law, colleges across the state would be required to use the new definition in all correspondence, printed materials, and educational orientations. Any school that receives state funding would be beholden to the new law.

The bill is an answer to recent concerns that the rate of sexual assaults on college campuses has reached “crisis levels.” In fact, previous hotspots for unwanted sexual activity, like Missoula, Montana, are now considered just average.

California’s bill is hardly surprising, though it is a long time coming. Universities have been under pressure from a number of sources – the federal government and student activism groups, to name two – to take stronger action against the widespread problem of sexual assault.

Efforts to – for lack of a better term – standardize consent in a sexual context aren’t exactly a new idea. In fact, there are about 800 campuses across the country that have adopted similar policies. What is unprecedented, though, is the fact that this marks the first occasion where a state government has made a concerted effort to collaborate on guidelines that had heretofore been in the hands of the country’s educational institutions and their respective student handbooks.

Perhaps unsurprisingly, efforts to standardize sexual consent have not been without their share of critics. For example, Harvard’s recently rewritten sexual assault policies declined to provide black-and-white definitions of affirmative consent, which drew some fire from women’s advocacy groups. Mia Karvonides, Harvard’s Title IX officer, defended the decision by pointing out that there simply is no “standard definition of affirmative consent.”

A particularly contentious variation of affirmative consent policies came out of Ohio’s Antioch University in 1991. The standards required verbal consent between partners for “each level” of sexual activity. They went so far as to insist that moaning doesn’t count. Clearly, educational institutions have been struggling for quite some time to accurately and reasonably define affirmative consent in a way that has something to do with the way real human beings interact with each other.

Regrettably, sexual assault has become an increasingly serious (or at least increasingly well-publicized) problem all across the country. It was reported earlier this year that reports of sexual assault in the military have risen dramatically over the last few years, making personal safety a bigger priority than ever for active duty servicemen and women. Coupled with the rise in sexual assaults on college campuses, one might feel that labeling the situation a “crisis” isn’t unwarranted after all.

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This post originally appeared on Western Journalism – Informing And Equipping Americans Who Love Freedom

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  1. I presume written and notarized consent will be required. Otherwise, how will this ever be anything but he said-she said?

    Oh I got it! A video text message to the campus Dean of Consensual Sex – yeah, that what's what we need, yet another useless college bureaucrat…

  2. Edwardkoziol says:

    No matter how many things are written there will still be trouble when it comes to sex. Girls wake up to find some guy in bed with them who they realy didn't care for are going to cry rape or something,men are so horny aqnything with a hole is good enough and would never blame the girl.

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